Tuesday 12 August 2014

Morals Blogs: Capital Punishment: Expunging Communal Guilt

Capital Punishment Pt. 4

3. Expunging Communal Guilt

This reason was often described in the Bible as the result of heinous crimes “polluting the land”. However it seems to me best explained in modern terms as something like:“expunging communal guilt”. The point seems to be that dealing with the moral aftermath of serious crimes actually requires repudiation of the crime by the community. In practical terms this generally means that the community must punish the offender.

Consider Numbers 35:33: “Do not pollute the land where you are. Bloodshed pollutes the land, and atonement cannot be made for the land on which blood has been shed except by the blood of the one who shed it.”

Even those who may dispute what I have said above must admit that this text is giving a further reason for executing the murderer. Granted it may be debatable exactly how that applies in our modern society, but it must alert us to dimensions of crimes such as murder with which we are, in our present post-modern reverie, unfamiliar – or to put it bluntly: there is much more to 'crime and punishment' than the anti-punishment lobby understands!

This concept of the community repudiating the actions of a murderer is further explained in Deuteronomy 21. Here what is described is the community's response to an unsolved murder. There is an elaborate ritual in which the community leaders must swear before God (once again an action that us moderns treat with contempt but which ancients who possessed a far greater fear of sacrilege held inviolate) that they did not do it and are not concealing evidence of who did. “They shall declare: 'Our hands did not shed this blood, nor did our eyes see it done. … do not hold your people guilty of the blood of an innocent man.' ... So you will purge from yourselves the guilt of shedding innocent blood.”

Certainly there is a recurring theme in the Bible of God punishing an entire nation or society for its sins. This is disturbing to us moderns. Even if we rise to the idea of any punishment for sins, we want to see it as strictly individual. We look with horror at our forebears carrying out “punitive raids” against communities from which individuals had committed atrocities. But what if the truth actually lies somewhere between us and our forebears? What if there is a communal or corporate dimension to evil which we are overlooking?

From my reading of the Bible to date – and the texts cited above are examples – there certainly is a societal dimension. It seems to be tied – particularly in the above texts – to whether or not the community distances itself from the evil done. I am guessing a bit here – but suppose it is like our modern concept of being an “accessory” to a crime. If a person aids and encourages a criminal act then they become an “accessory before the fact” and in most jurisdictions liable to the same punishment as the person who actually committed the crime. Someone who helps cover up the crime becomes an “accessory after the fact” with lesser penalties.

So as a society, if we all collude to create the pretence that something God regards as very evil is not evil, are we not acting together like an accessory before the fact? There was a popular sociology book some decades ago entitled “The Social Construction of Reality”. As I recall its thesis was that a great deal of our “world taken for granted” is actually something generated by our society and instilled during our upbringing. So my extension of that idea is that if as a society we are “soft” on really evil crimes, then we are conspiring to create a false reality. A reality which encourages evil thinking and by that route encourages evil crimes to be committed. (I mean as a separate route or enabling factor from failure of fear of punishment).

In this case the idea of communal guilt is at least plausible. Conversely, reinforcing social practices that discourage evil, could plausibly be termed expunging communal guilt.

I think it is probably “Sociology 1.01” that strong social taboos are only maintained when the communal abhorrence of breaking them is reflected the punishment of any offenders. We easily see that if the worst thing you can do in some “primitive” society is to tear down the town's idol: we don't need two guesses to work out that the locals will kill you if you do!

Significantly, in modern society crimes once seen as truly evil such as rape and murder attract relatively lenient punishment. But 'sins' against social-progressive dogma – such as making homophobic, racist or sexist comments even in jest, are punished via both the new social media and the established media (generally without any opportunity for defence let alone a fair trial) most severely – public humiliation and hounding from society, even loss of employment.

This suggests to me that the movement against capital punishment was just one pincer arm of the movement to destroy traditional morality and replace it with the new and terrible morality of their “brave new world”.

It is certainly “Ethics 1.01” that what a society punishes and to what extent reveals its moral values. Further, the extent to which truly evil deeds can move a society to moral outrage reveals reveals that society's own moral fibre. I will say again that the quote I put in earlier where progressives claim that “No community which executes criminals can be called 'civilised'.” or the punchierversion: “any society which executes evildoers is itself evil” are in fact stating the exact opposite of the true situation.

If there is no crime that can be done which is so terrible, so shocking, so depraved, so evil in a society that the people decree: “for that you die!” then that society has lost moral feeling. And that society is morally an accessory before the fact. That is I think the truth seen both by the Bible and ancient ethicists like Aristotle.


Conclusion: Yes! There is a place for capital punishment. … But as to what that place is … That is quite another thing.



Next post: Historic abuses of capital punishment




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